02-1704 State ex rel. Darrell W. Griffin v. Litscher

Listen to this article

“First, Wis. Stat. § 973.15(6) provides that, whether confined in a federal institution or an institution in another state, §§ 302.11 (mandatory release) and 304.06 (parole) apply to inmates serving a sentence to the Wisconsin state prisons for crimes committed before December 31, 1999. As he was sentenced in 1992, Griffin falls under § 973.15(6). A determination that Griffin was eligible for earned credits provided by Oklahoma law would directly contravene the unambiguous directive of Wisconsin sentencing law, which provides that his release is calculated pursuant to §§ 302.11 and 304.06….

“In other words, no matter where a prisoner serves his sentence, if he has been sentenced to the Wisconsin prison system and is in the custody of the department, Wisconsin law still controls his sentence, even if the prisoner is transferred to another institution within Wisconsin or to one in another state. Griffin’s assertion that he can accumulate Oklahoma earned credits implicitly concludes that, by contracting with CCA to house prisoners at North Fork, the department has relinquished jurisdiction over prisoners transferred there. The department’s contract with CCA, however, only delegates day-to-day decisionmaking; the department retains custody and final decisionmaking authority over transferred prisoners.”

Order denying defendant’s motion for a writ of mandamus is affirmed.

Recommended for publication in the official reports.

Dist IV, Dane County, Callaway, J., Dykman, J.

Attorneys:

For Appellant: Darrell W. Griffin, Black River Falls

For Respondent: Charles D. Hoornstra, Madison